Harpeth Trace Services Association

Meeting Minutes 10-23-2007

Feb 12, 2008

Harpeth Trace Services Association
Board Meeting Minutes
October 23, 2007

The Board Meeting at LePeep restaurant was called to order at 7:00 a.m. by President Steve Roche. All other Board members were present:; David Arens, Bob Brooks, Ken Darby, Mary Ann Dorris, Stephen Helmey, Joanne Katcher, Sanford Payton, and Linda Shoun. Rick Eatherly represented Ghertner & Co.
The following reports were given:

Legal Matters ?– David Arens: David presented a letter under the letterhead of his employer, Stites & Harbison, PLLC, a local legal firm, to clearly establish the fact that David serves on our Board as a homeowner, not in an attorney-client relationship. The full text of that letter is now a permanent part of our minutes, and is posted under these minutes on our website at www.harpethtrace.org.
David also reported that he has investigated the possibility of simplifying the sometimes confusing and complicated Covenants and Restrictions for Harpeth Trace Estates, and has concluded that this cannot be done without engaging in a time-consuming process that might not be worthwhile. David has agreed to investigate ways that present and new owners can be made aware of the Association's rules and regulations. You may read or download the Covenants and Restrictions from our website at www.harpethtrace.org, under About Harpeth Trace Services Association
David reported that Article VI, Architectural, Maintenance and Use Restrictions, Section 7, Animals and Pets, gives the Board the right to take ?“appropriate measures?” to enforce the provision?’s five prohibitions, but it does not define those actions. He suggested that we adopt the following rule to enforce the provision:

Any Owner or Occupant who houses or allows to be housed on any Site an animal or animals in violation of Article VI, Section 7; or any household pet which is or household pets which are the subject of three or more substantiated violations of Article VI, Section 7; shall forthwith permanently remove the pet from the Lot upon written notice from the Board.

The Board voted to accept David's recommendation and adopt his proposed language as a new rule.

Accounting ?– Joanne Katcher: Joanne reported that she had just returned from vacation, and that she has not had time to review the financial statement which was released by Ghertner yesterday. However, Rick Eatherly reviewed the figures in the next report.

Pro Forma Budget ?– Ken Darby resigned oversight of this area, so no comparison between our Pro Forma and Actual Budget was reported. However, Rick Eatherly reported that as of September 30, 2007, we have $6,099.06 in our General Account, $25,010.66 in General Reserve, and $78,572.00 in Road Paving Reserve for Total Assets of $109,681.72. The Board voted to transfer $20,000 from the General Account to Road Paving Reserve.

Cleanup Day and Drainage ?– Bob Brooks: Bob recommended that we have our Fall Cleanup Day on Saturday, November 17, and will have the chipper truck pick up debris on Monday, November 19. So, if you have limbs for the chipper, pile it by the curb over that weekend. Do not include any metal or treated lumber.

Bob reported that he is unaware of any drainage problems in the neighborhood, but he was quick to point out the recent rain is the first time in a long while that we have had anything to drain.

Irrigation ?– Mary Ann Dorris: Mary Ann reported that we have had some problems maintaining batteries in the two new irrigation circuits on the Harpeth Knoll bluff, but she believes they are now operating properly. She pointed out that the controllers, which are in small underground vaults are complicated and hard to reach. As a result, she said she has asked for a bid to incorporate the controllers with others that do not depend upon batteries.
Rick Eatherly pointed out that the guardhouse is cluttered with trash and that the lights in the back room do not work properly. This makes it difficult for him to check the irrigation timer on his weekly visits. The Board authorized him to have the interior cleaned and to have the lights repaired.

Landscape ?– Sanford Payton: Sanford reported that the recent drought has delayed reseeding of the common areas and the planting of landscape materials previously approved for the entrance area. He also reported that the dead pine in the upper common area will be removed on our next Cleanup Day. Mary Ann asked that plants blocking road signs be trimmed at the same time. Ken Darby and Stephen Helmey asked Sanford to research possible replacement materials and costs for the walking path. Bob Brooks pointed out that another White pine near the entrance appears to be dead. Sanford will investigate.

Lighting and Signage ?– Stephen Helmey: Stephen reported that the lights on the bottom half of the hill are working properly and have been paid for. Some residents have expressed concern that lights at the top of the hill turn off before daylight in the mornings while they are walking their dogs. He has reported the situation and asked the electrical contractor who installed the timer to make the proper adjustments.
Stephen also reported that all except 8 or 9 of our streetlights have been replaced with more modern fixtures, and he suggested that those remaining lights be replaced soon. He agreed to obtain a bid for the equipment and installation and report back to the Board.
Stephen pointed out that the peeling signposts have now been stripped and repainted. The problem occurred because the original contractor had not used the proper paint on the aluminum posts. As a result, the Board asked David Arens to prepare a letter to be sent to that contractor asking him to reimburse the Association for the expense of correcting the problem.
Stephen reported that the cane in the yard of 780 HTD is encroaching on the streetlight and blocking the light. Since the property has recently changed hands, the Board asked Rick to send a letter to the new homeowner requesting that the cane be kept 2 or more feet behind the streetlight.

Streets and Curbs ?– Linda Shoun: Linda reported that she had Metro Public Works examine the hole near a catch basin next to the Harpeth Trace cul de sac and they determined that they are not responsible for the damage. As a result, she asked Ghertner to have the hole repaired for the bid of approximately $1,100. Stephen Helmey cautioned that the repair should be made with washed aggregate, not Crusher Run because the latter requires compaction every 6 inches.
Stephen also requested that ?“Deer Crossing?” road signs be installed at 2 places on Harpeth Trace Drive. The Board voted against this proposal on the grounds that the signs are unattractive and the deer probably would not obey them, anyway.
Linda reported that there are several rough places in our streets, but that she does not recommend that any work be done at this time.

Ken Darby reported that the Hill family has offered to sell the 320 acres that adjoins the western border of most of our subdivision to Friends of Warner Parks for $16 million. If this sale is concluded it may significantly increase the value of our property. However, if the money to buy the property cannot be raised, the property will probably be offered to developers. Therefore, you may want to be aware of this situation and to consider making a donation to Friends of Warner Parks if you are asked.

With no further business, the meeting was adjourned at 8:30 by President Steve Roche.

The Board asks you to remember that overnight parking on the streets of our subdivision is against the rules, and could be disastrous if a fire truck or other emergency vehicle is blocked by your vehicle. Since the rule is against you, your liability could be high.

Pick up after your dogs, especially when you are on the walking path. Also, remember that some homeowners do not want their lawn used as a doggie restroom, so unless you know it?’s OK, don?’t do it. And, let?’s try to keep those dogs quiet during the night. Remember, it is against Metro and HTSA rules for a dog to run loose. If such a dog bites someone, or causes other damage, legal action could result.

Our website is www.harpethtrace.org. We have a lot of information there, including recent minutes of past meetings and contact information for Board members and presidents of other associations in Harpeth Trace.

The next regular Board meeting will be at Le Peep restaurant 7:00 a.m., Tuesday, December 18, 2007.

Respectfully Submitted,
Sanford Payton, Secretary